this post was submitted on 13 Mar 2025
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Shouldn't be a issue since landlords never lie to keep deposits right?

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[–] JazzlikeDiamond558@lemm.ee 6 points 6 hours ago

In Germany, it is possible to ''make a deposit'' with the bank, so the landlord gets only the confirmation (Bürgschaft). Furthermore, it is also a thing to pay that deposit in rates (installments), not to burden the new tennant immediatelly.

I think it works a lot like insurance: you pay a smidge every month, but you also get no money back at the end, so... not really a deposit. However, it does satisfy the landlord and the deposit is legally provided, so... to give up one or two coffee's every month (for a couple of years) is worth it at the rough beginnings.

For comparisson, you pay some 20 € monthly instead of 3500 € on hands of the landlord. You are moving, you are already burdened with the costs and expenses, so instead of having a financial blow on top of all the misery, you simply walk into the bank, make ''Bürgschaft'' (depost confirmation), agree to pay 20 € monthly, beginning from next month... and you exhale. It is a practical guarantee that the bank wil cover your deposit.

You give that ''Bürgschaft'' (deposit confirmation) to your landlord and all is good. If your landlord later, turns out to be an a..hole, he has to claim the deposit with the bank. If you contest landlords claims (bank will 100% contact you in that case), then it is a direct war between him/her and the bank... and good luck with that. To you it is all the same anyway, as you pay (paid) monthly installment (rate).

If there are no disputes and you are moving out earlier, then you can simply cancel the ''Bürgschaft'' contract (based on canceled rent agreement) and you don't have to pay anymore.

The downside is - no money back.

It is not really a hype thing here, but I've done it and it worked OK; (no disputes though).

[–] MisterFrog@lemmy.world 11 points 14 hours ago (1 children)

Wait, this ISN'T how it works where you live?

Where I live (in Victoria, Australia), the bond is held in trust by the residential tenancies bond authority. At the end of the lease the landlord can try make a claim, but you can take them to VCAT (a small claims tribunal) to argue against it, and until either all parties agree, or the court orders it, the bond doesn't get paid out to anyone.

Our laws are far from good, and still favour owners too much, but damn. Just trusting them to pay you out of their own pocket?

[–] valtia@lemmy.world 2 points 5 hours ago (1 children)

Just trusting them to pay you out of their own pocket?

actually the opposite! everyone here just expects to never see their deposit ever again

[–] MisterFrog@lemmy.world 1 points 59 minutes ago
[–] GrumpyDuckling@sh.itjust.works 8 points 16 hours ago* (last edited 13 hours ago) (1 children)

In my state they have to give you an itemized statement of damages and/or return your deposit within ~~30~~ 45 days or you're entitled to ~~tripple~~ double the amount.

[–] ray@lemmy.ml 2 points 14 hours ago (1 children)
[–] KestrelAlex@lemmy.world 11 points 18 hours ago

In Canada your landlord is required to pay back your deposit with interest, so if you gave them a $1000 deposit and stayed for 10 years and interest is at 5% they would be giving you back about $1600.

Very few actually do this and most of the time interest is so low nobody bothers to fight for it.

[–] The_Caretaker@lemm.ee 25 points 23 hours ago (1 children)

Better yet, don't allow corporations to own residential properties at all. Only allow individuals to own two residential properties. Make renting residential property a crime like human trafficking, because that's what it is. Let hedge funds speculate on commercial and industrial real estate. #RentIsTheft

[–] Apytele@sh.itjust.works 1 points 5 hours ago* (last edited 5 hours ago)

eh if I took up travel nursing I'd probably still want something similar to a house or apartment to rent for 3-6 months because most hotels aren't really designed to be lived in that long but I also don't want to buy a wholeass house then worry about selling it in 6 months. but that's splitting hairs, at what point do you just call that an extended stay hotel? but also at what point does an extended stay hotel become a rental property?

but every time I hear a "property owner" complain about how hard and expensive it is to own other people's homes I'm just like my guy no one is making you do that if it's so damn hard just sell it to the person who lives there except deep down you realize how good of a deal you're getting you're just mad everybody isn't acting like you're not a prick for it.

[–] Scott_of_the_Arctic@lemmy.world 3 points 17 hours ago

In Norway your deposit is payed into a special account in your name and both parties have to agree to it's release or settle in court. If the landlord takes some for repairs to abnormal damage (can't charge for "normal wear and tear") they have to provide proof that they used it for that (receipts etc).

[–] dracs@programming.dev 23 points 1 day ago (1 children)

It's a requirement in Australia for it to be paid to the government bond agency. Typical method of paying it is a cheque payable only to the bond authority. Once you hand back the keys at the end of the lease you can apply directly to the bond agency for it to be refunded to you and the landlord needs to formally object to claim any of the bond.

[–] BilboTBaggin@lemmy.world 5 points 1 day ago (1 children)

That sounds like a way more reasonable system! As far as I'm aware it's not super common here (Netherlands) for landlords to not pay back the deposit but it is entirely in their hands :(

[–] dracs@programming.dev 3 points 1 day ago

Well, still plenty of dogdy landlords who take advantage of people who don't know about that requirement and either take it for themselves or push renters towards "resolving disputes between themselves" and not involving the bond authority at end of lease time.

[–] lka1988@sh.itjust.works 69 points 1 day ago (2 children)

As someone who is likely going to be stuck renting for the foreseeable future, I agree. I'll happily pay my deposit to some sort of escrow that the landlord has zero access to until it's proven by a neutral third party, with no financial interest in the property, who has seen the property before and after renting.

[–] alkbch@lemmy.ml 18 points 1 day ago (12 children)

Who’s going to pay this neutral third party to come see the property twice and allocate the deposit between the tenant and landlord?

[–] Clent@lemmy.dbzer0.com 2 points 16 hours ago (1 children)

The escrow company gets to invest the deposit. They can use a portion of those funds to determine who receives the payout.

[–] alkbch@lemmy.ml 0 points 15 hours ago (1 children)

You mean they keep a portion of the deposit to determine who receives the payout? If you meant they only keep a portion of the revenues produced by the investment, which obviously must be one of the safest ones available and thus will have low return on investment, I'm afraid that would not be economically viable for the escrow company.

[–] Clent@lemmy.dbzer0.com 1 points 15 hours ago (1 children)

Looks like there are accounts that can earn 3.5%. It's an hour or two of work. Average occupancy rate is close to three years. A $2000 deposit would cover an inspection after a year.

Fallback could be on the renter if there is reason to withhold and on the owner if there is no need to withhold.

[–] alkbch@lemmy.ml 0 points 14 hours ago* (last edited 14 hours ago)

Assuming your numbers are correct, after one year the interest is $70. I doubt you’d get anyone out to conduct the inspection at that price, let alone two because you need one at move in and one at move out; and let’s not even get started about potential the additional work should there be a dispute by the tenant or the landlord.

[–] MisterFrog@lemmy.world 1 points 14 hours ago

The state. It's literally how this works in other countries. (Victoria, Australia, anyway)

[–] bent@lemm.ee 22 points 1 day ago (1 children)

Either the landlord or a split between the parties

[–] alkbch@lemmy.ml 21 points 1 day ago (1 children)

A split between the parties might help avoid conflict of interests

[–] DarkDarkHouse@lemmy.sdf.org 9 points 1 day ago* (last edited 1 day ago)

Where I live it’s up to the landlord to dispute the return of the government-held bond and prove their case to the tribunal. If they do not dispute within two weeks after the tenant claims it, or are unsuccessful in proving damage, the government automatically releases the bond back to the tenant.

[–] DrFunkenstein@lemm.ee 7 points 1 day ago (1 children)

Realistically the viewing could be replaced by the landlord taking a series of before and after photographs that are approved by the tenant. A $2000 deposit held in just a CD would generate $100 in a year, which is enough to cover a good bit of any random additional costs

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[–] driving_crooner 6 points 1 day ago

In Brazil, tge escrow is keep by an insurance company, for the landlord to keep its need a judicial order, and at the end you receive it back adjusted by inflation.

[–] meliante@lemm.ee 36 points 1 day ago (2 children)

They have a deposit protection scheme in the UK where neither the landlord nor the tenant have full control of the amount. It's very useful. Much better than the landlord having the money in his possession.

[–] ladydragonfruit@lemmy.ca 11 points 1 day ago

This was a big change when we moved to the UK. It makes sense to have a third party involve with photos of everything before you rent. Should be standard really.

[–] brewery@lemmy.world 2 points 1 day ago

This, the limit on how much it could be, and the ban on charging any additional fees, absolute game changers! The changing them not being able to tax deduct mortgage payments has also changed behaviour. I mean, landlords are still a huge drain on society and rents are mental but these steps help

[–] absGeekNZ@lemmy.nz 15 points 1 day ago (1 children)

In NZ if the bond is not lodged with the tenancy tribunal within a couple of weeks, the LL is in serious trouble.

[–] meteorswarm@beehaw.org 2 points 21 hours ago

Meanwhile in America, my old ll tried to tell me I couldn't have my deposit back because "it's summer and the bank is on vacation"

[–] merthyr1831@lemmy.ml 1 points 21 hours ago* (last edited 21 hours ago)

The UK is pretty bad for tenants rights but they do force landlords to putting deposits into special accounts that have legal protections for the tenant, and if said landlord tries to avoid it you can usually easily win back a multiple value of your deposit with little the landlord can do.

Landlords regularly take the piss with claiming exorbitant amounts for "damages" which is harder to contest, and many of us just accept a few deductions even knowing they will just pocket it.

[–] BJ_and_the_bear@lemm.ee 15 points 1 day ago (1 children)

You can demand itemized receipts for everything they want to take from the deposit, at least I’m California

[–] alkbch@lemmy.ml 5 points 1 day ago

Above $125.

[–] the_q@lemm.ee 7 points 1 day ago

Ah yes... Lords of land... The greatest of leeches.

[–] bjoern_tantau@swg-empire.de 11 points 1 day ago (1 children)

I mean, the court will definitely be involved if i don't get my deposit plus interest back.

[–] Limonene@lemmy.world 12 points 1 day ago (1 children)

I had to sue for my security deposit once. It's very common in the US for landlords to fraudulently keep some or all of the security deposit.

[–] agamemnonymous@sh.itjust.works 2 points 23 hours ago (1 children)

How annoying was that? My last landlord claimed some pretty indefensible justifications for keeping our deposit (among other things, $300 to "sweep and vacuum the attic") but I'm not convinced that I'll actually wind up ahead if I'm missing work to go to court.

[–] Limonene@lemmy.world 1 points 21 hours ago

It was during the pandemic, so the courtroom was a teleconference. For $300, it's not worth the stress (unless you can also claim statutory/punitive damages). But it is worth knowing you've deprived a leech of committing theft, if that appeals to you.

Small claims court is not too hard and doesn't require a lawyer, but do try to find some free legal advice before your court date. Housing issues usually have free legal advice in most jurisdictions.

[–] Bzdalderon@lemmy.ca 9 points 1 day ago* (last edited 1 day ago)

This is actually how it works in some places in Canada. It's a very effective system.

[–] corsicanguppy@lemmy.ca 7 points 1 day ago

It's different in my region.

Landlords have been challenged to show when and why they withold deposits. It's not guaranteed but when brought to the board the tenant often wins unless the landlord can present a good case.

Then again, we only rent from companies for a reason.

[–] Jimius@lemmy.ml 7 points 1 day ago

Why more? Why add an extra layers, more complexity? Why not just ban deposits? The rental contract already covers damages caused by tenants. And it's not like you pay a €2000 deposit, cause €10.000 worth of damage and not have to pay the additional €8000.

Maybe in the past, with cash payments and paper records. Deposits added a layer or security. But does that still hold true today? I'm sure landlords will disagree.

If the landlord believes the tenant left the property in a damaged state, they can enforce the contract. Upside is that it's not worth it to sue for trivial shit like nail holes or greasy stove vacuums. Now the tenants are always on the backfoot, spending money to get their own money back.

[–] cattywampas@lemm.ee 7 points 1 day ago

Check your local laws and ordinances, your landlords may be required to provide itemized expenses to you within a certain time frame. Where I am, it's within 30 days.

[–] tdawg@lemmy.world 7 points 1 day ago

I mean apartments should be run by the state but baby steps I guess

[–] Darkcoffee@sh.itjust.works 5 points 1 day ago

In Canada, most provinces do this already.

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